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STATE v. WOUNDED HEAD

No. 13140.

305 N.W.2d 677 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. Garrett WOUNDED HEAD, Defendant and Appellant.

Supreme Court of South Dakota.

Decided May 6, 1981.

Attorney(s) appearing for the Case

Lori S. Wilbur, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

John T. Elston, Pennington County, Public Defender's Office, Rapid City, for defendant and appellant; Steven D. Rich, Pennington County, Public Defender's Office, Rapid City, on brief.

FOSHEIM, Justice.

This is an appeal from the judgment of conviction entered upon a jury verdict finding appellant guilty of attempted rape. We affirm.

On the evening of February 1, 1980, the complaining witness and her boyfriend rented a room at a Rapid City motel to have a drinking party. Several persons were present. The party continued until a fight broke out and the police were summoned. At that point, the complaining witness and one Jeffrey Janis left...

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